Legal Question in Family Law in India

can i ask for child support?

we got divorced 5 years ago. at that time, i had a good job and just wanted my daughter and so i agreed to sign papers and not ask for any alimony or child support. now that the job market is bad, i have lost my job and taking care of 9 year old is getting to be very hard. i dont want to ask for alimony, but can i go to the court for child support? he has a good job. he has got married again. can he claim custody of the child? what are the chances of him getting custody? what are the chances of me getting child support?


Asked on 3/13/09, 12:50 am

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: can i ask for child support?

you can claim maintainence for the child from him. he can claim custody but you can defend the case and prove that due to his second marraige it is in the welfare of the child to stay with you. you can get child support

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Answered on 3/13/09, 1:05 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: can i ask for child support?

as far as your relinquishment of alimony is concerned, that cannot be revived but even if you had given a statement before the court that the child doesn't require maintenance from father, still the child's rights to maintenance are independent and she can claim her rights irrespective of your relinquishment. the chances of husband getting custody are negligible and the child getting maintenance are high.

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Answered on 3/13/09, 1:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: can i ask for child support?

Hello

Good Morning!

Yes in your case you can get child support.

Please consult a local lawyer with all the details.

In case of need please contact personally.

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Answered on 3/13/09, 2:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: can i ask for child support?

A divorced wife is also entitled to spousal support from her ex-husband. In any case, you are entitled for child support.

By very nature, the custody and support orders are variable - they may changed with the change in situations/ circumstances.

The custody of the child is not dependent upon earning capacity of a parent. Now since he has remarried and you have not; and that since the child is living with you, there is hardly any chance for your husband to get custody of the child even if he may want; at the best he may get visitation rights to which you may not object.

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Answered on 3/13/09, 8:11 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: can i ask for child support?

yes he can but getting custody depends on facts of your case. you can claim maintenance for you and child.

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Answered on 3/13/09, 8:12 am


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